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  • Symptoms of Chinese Drywall Exposure

    While it’s hard to tell what type of drywall was used in your home after everything is painted and the home is officially a “home,” there are various health problems and symptoms that homeowners with drywall from China are experiencing. These symptoms include:

  • Nose bleeds
  • Breathing problems
  • Allergy-type symptoms
  • Nausea
  • Headaches

    • According to a home inspection report, Chinese drywall emits sulphide gases that are the source of health problems for homeowners, and that “these sulphide gases are also alleged to cause serious health conditions and illnesses, such as shortness of breath, dizziness, headaches, fatigue, insomnia, eye irritations and respiratory difficulties.” That these gases are capable of corroding copper coils and irreparably damaging plumbing and electrical components shows that they are extremely toxic and powerful.

    If you are suffering from any of these symptoms, contact a health professional immediately and consult with one of our attorneys to find out what legal remedies are available for this scenario.

  • Science Confirms the Toxic Health Effects of Chinese Drywall

    The Florida Department of Health issued a report on Monday that confirmed what the media and homeowners have known for months: Chinese drywall is toxic.

    Chinese drywall samples give off a sulfur odor when exposed to heat and moisture, according to a 66-page report released Monday by the Florida Department of Health.

    The findings of the investigation, conducted by Unified Engineering, a private lab, will be detailed later Monday during a press conference by the department, which is analyzing drywall in response to a widening product liability crisis.

    The lab tested one sample made in the U.S. by National Gypsum Co.’s GridMarx brand and three samples made in China.

    “There is a distinct difference in drywall that was manufactured in the United States and those that were manufactured in China,” said Lori Streit, a principal scientist with Unified, in a letter. “The Chinese samples contained traces of strontium sulfide inclusions and more organic material that the GridMarx sample (United States). However, it is not yet known if either contributed to the odor.”

    The state’s findings now open the door for further investigation and the beginning of an established and scientifically backed series of proceedings against the manufacturers. It is important that homeowners who had their homes built between 2004 and 2006, or even before and after this time period, make sure they know what their walls are made of and take steps to protect themselves and their property. Florida and the United States government already have begun this process:

    The Florida Department of Health is tracking 150 complaints about drywall causing metal corrosion and odors in homes. The U.S. Consumer Product Safety Commission also is investigating the extent of the drywall problem.

    More information on this report may be found in the original news story by the Tampa Bay Business Journal and may be read here.

  • CNN Profile on Chinese Drywall

    Residents of the Gulf Coast region are finding a new danger, this time in their homes. Chinese-made drywall is reportedly causing damage to health and property that the public at large, and Louisiana residents in particular, needs to be well aware of.

    (CNN) — Officials are looking into claims that Chinese-made drywall installed in some Florida homes is emitting smelly, corrosive gases and ruining household systems such as air conditioners, the Consumer Product Safety Commission says.

    Gas emitted from defective drywall corrodes copper wiring, turning it black, some Florida homeowners say.

    The Florida Health Department, which is investigating whether the drywall poses any health risks, said it has received more than 140 homeowner complaints. And class-action lawsuits allege defective drywall has caused problems in at least three states — Florida, Louisiana and Alabama — while some attorneys involved claim such drywall may have been used in tens of thousands of U.S. homes.

    Homeowners’ lawsuits contend the drywall has caused them to suffer health problems such as headaches and sore throats and face huge repair expenses.

    The scope of the problem exceeds health issues as well, with Florida residents contending that this:

    is what remains of their copper wiring after it was installed within gas-emitting Chinese drywall, which, over time, corrodes the copper wiring. That the drywall issue is emerging in some of the states hit hardest by tropical storms and hurricanes and where rebuilding or repair often occur is unfortunate. Residents of these states should contact any contractor or building agent/manufacturer to find out the materials used on their homes. If you feel that your home was improperly built using these materials, call our firm and an attorney will discuss with you your legal options.

  • Chinese Drywall Information Week

    Starting today and running through Friday, this blog will run through the emerging dangers coming up about Chinese drywall. Suddenly popping up on the news, this drywall is believed to emit gas that damages homes’ wiring and foundation while at the same time causing negative health effects to residents. With experts believing that tens of thousands of homes could have been built using Chinese drywall, and with health effects being reported within the state of Louisiana, it is important that people be aware. As thousands of homes were rebuilt or repaired in the wake of tropical storms and hurricanes in the Gulf Coast region, this drywall may become a huge problem for residents and getting out the information on this potentially dangerous material is a priority for us at the Berniard Law Firm. That the drywall may have been used everywhere across the country points out that individuals, whether in New Orleans, Huntsville or Boston, should get information immediately about the walls in their homes.

  • Another Win for Louisiana Residents

    With the class approved, a judge in Orleans Parish awarded residents of Louisiana $1,000 each from Louisiana Citizens Property Insurance for how they handled claims after Hurricane Katrina. The Berniard Law Firm’s founder, Jeff Berniard, was part of the litigation and continued his record of helping residents get the justice they deserve when insurance companies act in bad faith of the law.

    Judge approves Citizens class action settlement in Orleans Parish
    by Rebecca Mowbray, The Times-Picayune
    Orleans Parish Civil District Court Judge Kern Reese ruled Thursday that the settlement brokered in a class action lawsuit against Louisiana Citizens Property Insurance Corp. should stand, finalizing a deal to award $1,000 apiece to policyholders whose 2005 hurricane claims were handled or paid slowly.

    The plaintiffs’ attorneys — Madro Bandaries, Gregory DiLeo, Jeffrey Berniard and Ray Orrill — also net a tidy sum. They will be paid $5 million for their work, or about 38 percent of what the estimated 13,000 class action members will be paid.

    “We’re very pleased with the court’s order, and we’re very pleased with the court’s reasons for judgment,” Bandaries said of the long-awaited decision.

    Citizens also said it was eager to move forward.

    “We’re happy to put this behind us. We think it’s in the best interests of Citizens policyholders and the state, because it’s costing a lot of money in litigation,” said John Wortman, who took over the state-sponsored insurer in 2007. “We’re prepared to begin making payments.”

    More information on the case and what it means for residents of the Gulf Coast is available here.

  • Property versus Disaster Insurance – A Brief Explanation

    The San Francisco Gate features an article that helpfully and articulately describes the difference between property and disaster insurance. Embedded within the article are links to other articles that help outline the grey area that can often exist on the issue. While this blog has tried to explain this in the past, every article an insurance policyholder in the Gulf Coast can read on the topic is worthwhile as recent years have shown insurance nightmares can easily spring up.

    An EXCERPT:

    The key today, with so many options, is to first assess exactly what you need and then work with an insurance agent to figure out the best package: one that covers your most significant risks. It’s not an either/or scenario that you want, but a combination of policies that provides protection without duplicating coverage. It is common for business owners to fail to look closely at what is covered by their property insurance and buy another policy that covers many of the same risks. Conversely, many policyholders mistakenly assume disasters such as flooding are covered under one of their policies and don’t discover until they’re underwater that neither their property insurance nor their disaster insurance covers flooding.

    The article in its entirety may be read here.

  • Commissioner Reminds Citizens of Tax Rebate Opportunities

    During an interview with WBRZ, Louisiana’s insurance chief reminded Gulf Coast residents about tax rebates available to citizens in the wake of Gustav and Ike.

    Homeowners who suffered property damage from Hurricanes Gustav and Ike are eligible for two tax rebates and a tax deduction. Louisiana Insurance Commissioner Jim Donelon said property owners will receive a rebate if they were charged for a Louisiana Citizens assessment on their 2008 policies. Additionally, residents can claim damages in excess of $100 as a 2008 federal hurricane tax deduction.

    The video of the interview can be found here.

  • Katrina Profile of Attorney Jeff Berniard Available Online

    Recently available online is an article profiling attorney Jeff Berniard’s work in defending policyholder’s rights post-Katrina. The article, written by Lawyers USA, describes Mr. Berniard’s strategy and success in helping Louisiana homeowners receive the justice they deserve.

    An excerpt:

    New Orleans attorney Jeffrey Berniard was a refugee from the ravages of Hurricane Katrina last year when he realized that the monstrous storm could contain a silver lining for his practice.

    “I had an inkling there were going to be a lot of insurance problems out there,” he recalled. “So I created a strategy, and when I came back I focused on that.”

    Berniard was a title attorney in a small New Orleans firm when Katrina forced him to evacuate and head for his family’s home in Lake Charles, La. But when he went back five weeks later, he didn’t return to the firm. Instead, he set up shop on his own as “Jeff Berniard, Louisiana Hurricane Lawyer,” and created a website to bring in Katrina-related insurance business.

    The strategy was successful. His new website brought in a flood of insurance cases, and by May he was so swamped with work that his wife, Melissa Elaine Wilson, left her job as a lawyer in Jefferson Juvenile Court to join him.

    To read the complete article, go here.

  • A Good Sign for Texas Residents: More Funding Coming in for Recovery

    In an article for the Star Telegram and the AP, more information is given on the increased HUD assistance coming through for Texas… to the tune of over a billion dollars:

    The federal government is releasing $1.3 billion in federal housing assistance to 62 Texas counties help rebuild from the damage caused by three hurricanes in 2008, the top U.S. housing official announced Friday.

    The money is to be spent on producing affordable rental housing, to rebuild critical infrastructure and to support economic revitalization, Housing and Urban Development Secretary Shaun Donovan said at a Houston news conference
    “This funding will go a long way to help the hardest-hit areas of the state get on the road to recovery,” he said.

    Obviously at this point any funding to aid the recovery efforts is welcome and supported.

  • Gulfport Mayor Facing Insurance Allegations Won’t Run for Re-election

    Per the Insurance Journal:

    Gulfport, Mississippi Mayor Brent Warr, who is under indictment on several counts of fraud, will not run for re-election.

    Warr made the announcement this week in a videotaped message released by his office.

    Warr and his wife, Laura, are accused of defrauding the government and an insurance company over losses they suffered during Hurricane Katrina. The government alleges the couple did not live in their beachfront home before Katrina. The Warrs say they did.

    The Warrs have asked a judge to delay their April 6 trial until the summer.

    The 45-year-old mayor says in his announcement that he doesn’t think he can fight the fraud charges and run for office at the same time.

    An interesting development that goes to show playing it straight on your insurance claims is the best route, no matter what.